First Gardasil Lawsuit Set For Trial To Begin October 7th in California State Court

Later this year, a California jury will be the first to hear evidence and testimony claiming that the Gardasil HPV vaccine can cause severe autoimmune and neurological disorders, while the first federal bellwether trials are unlikely to begin before late 2025 or early 2026.

Gardasil has been widely used for years, among both young girls and boys, to help protect against HPV infections that can be sexually transmitted and lead to the later development of cervical cancer. Although the vaccine has been widely promoted as safe and effective, Merck currently faces hundreds of product liability lawsuits nationwide, each raising similar allegations that the drug maker failed to to disclose the risk of serious autoimmune disorders that may result from side effects of the Gardasil vaccine.

Lawsuits indicate that a number of teens and young adults have been left with severe and debilitating complications after receiving one or more injections, including postural orthostatic tachycardia syndrome (POTS), neurological problems, premature ovarian failure, idiopathic thrombocyteopenic purpora (ITP), chronic pain, brain fog, fatigue, headaches, nerve damage and other injuries.

While there are some cases filed in state courts, the vast majority of the litigation has been brought in the federal court system, where all Gardasil lawsuits have been centralized as part of a federal multidistrict litigation (MDL) in the Western District of North Carolina, where U.S. District Judge Kenneth D. Bell, Sr. is currently presiding over coordinated discovery and pretrial proceedings in about 200 claims.

Last year, Judge Bell ordered the parties to select 16 Gardasil “bellwether” lawsuits for case-specific discovery in preparation for a series of early trial dates, which will help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation. However, with the court expected to hold hearings over the admissibility of expert witness testimony in late January 2025, the first federal trials are not expected to begin until the end of 2025 or beginning of 2026.

California Gardasil Lawsuit Will Be First To Trial

In a joint status report (PDF) filed with Judge Bell on July 11, the parties updated the court on the status of a handful of Gardasil lawsuits currently pending in California state court, where one case has been set for trial later this year, involving a claim filed by Jennifer Robi in 2017.

“There are currently seven Gardasil cases pending in California state court. Citing the Court’s guidance from the beginning of the MDL… and various Orders encouraging coordination, Merck moved to continue the first California Gardasil trial,” according to the report. “Plaintiff Jennifer Robi and her counsel opposed Merck’s motion. After oral argument, Merck’s motion to continue was denied on June 6, 2024. Accordingly, the Robi trial is scheduled to commence in Los Angeles County on October 7, 2024.”

That lawsuit will involve allegations that mirror those presented throughout the MDL, indicating that Robi received a Gardasil injection as a teenager, which left her with heart problems and nerve pain. Last year, Robi’s mother, Katherine Suazo Robi, testified before the California State Assembly Health Committee on her daughter’s experiences with the vaccine.

Following the Robi trial, several other cases are currently slated to begin trial in California state court in January 2025 and February 2025. However, Merck is continuing to push to have the start of those trials delayed.

July 2024 Gardasil Vaccine Lawsuit Update

The parties are expected to update Judge Bell on the status of those other California Gardasil lawsuits during a case management conference scheduled for Thursday, July 18.

According to an agenda (PDF) submitted on July 11, the parties also indicate they will address pending motions by Merck to dismiss some specific cases, as well as a request by plaintiffs for additional time to depose certain witnesses.

In the 16 federal Gardasil bellwether cases being prepared for trial, the parties indicate that all depositions of plaintiffs have been completed, as well as depositions of their parents, where applicable. The parties are continuing to complete depositions of those plaintiffs’ healthcare providers, and are expected to make initial expert disclosures by August 19, 2024.

It is expected that the court will later narrow the group of 16 selected claims down to a smaller group that will be eligible for the first trial dates in the federal court system.

As the bellwether discovery continues, the size of the litigation continues to increase, since Gardasil injury lawyers are continuing to investigate and file new lawsuits for individuals who experienced a variety of complications from the HPV vaccine, including:

• Autoimmune Diseases
• POTS (Postural Orthostatic Tachycardia Syndrome)
• Premature Ovarian Failure
• Premature Menopause
• Polycystic Ovary Syndrome (PCOS)
• Idiopathic Thrombocytopenic Purpura (ITP)
• Irregular Heartbeat/Tachycardia
• Lupus
• Neurologic Disorder
• Brain Fog or Chronic Inability to Concentrate
• Chronic Fatigue
• Chronic Pain
• Severe Headaches
• Difficulty Sleeping
• Fibromyalgia
• Nerve Damage
• Menstrual Disorders/Problems
• Gastrointestinal Issues (food intolerances, nausea, vomiting)

Following any early bellwether Gardasil trials held in the MDL, if the parties fail to reach Gardasil settlements or another resolution for the litigation, Judge Bell may later establish a process to begin remanding each individual claim back to U.S. District Courts nationwide for individual trial dates in the future.